PART 1 Online Harms Act Enactment of Act Enactment 1 The  Online Harms Act  is enacted as follows: An Act respecting online harms Short Title Short title 1 This Act may be cited as the  Online Harms Act . Interpretation and Application Definitions 2 (1) The following definitions apply in this Act. child  means a person who is under 18 years of age. ( enfant ) Commission  means the Digital Safety Commission of Canada established by section  10 . ( Commission ) content that foments hatred  means content that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination, within the meaning of the  Canadian Human Rights Act , and that, given the context in which it is communicated, is likely to foment detestation or vilification of an individual or group of individuals on the basis of such a prohibited ground. ( contenu fomentant la haine ) content that incites violence  means content that actively encourages a person to commit — or that actively threatens the commission of — an act of physical violence against a person or an act that causes property damage, and that, given the context in which it is communicated, could cause a person to commit an act that could cause (a) serious bodily harm to a person; (b) a person’s life to be endangered; or (c) serious interference with or serious disruption of an essential service, facility or system. ( contenu incitant à la violence ) content that incites violent extremism or terrorism  means content that actively encourages a person to commit — or that actively threatens the commission of — for a political, religious or ideological purpose, an act of physical violence against a person or an act that causes property damage, with the intention of intimidating or denouncing the public or any section of the public or of compelling a person, government or domestic or international organization to do or to refrain from doing any act, and that, given the context in which it is communicated, could cause a person to commit an act that could cause (a) serious bodily harm to a person; (b) a person’s life to be endangered; or (c) a serious risk to the health or safety of the public or any section of the public. ( contenu incitant à l’extrémisme violent ou au terrorisme ) content that induces a child to harm themselves  means content that advocates self-harm, disordered eating or dying by suicide or that counsels a person to commit or engage in any of those acts, and that, given the context in which it is communicated, could cause a child to inflict injury on themselves, to have an eating disorder or to die by suicide. ( contenu poussant un enfant à se porter préjudice ) content that sexually victimizes a child or revictimizes a survivor  means (a) a visual representation that shows a child, or a person depicted as being a child, who is engaged in or depicted as being engaged in explicit sexual activity; (b) a visual representation that depicts the sexual organs or anal region of a child, if it is reasonable to suspect that the representation is created or communicated for a sexual purpose; (c) written material or an audio recording whose dominant characteristic is the description, presentation or representation of explicit sexual activity with a child, if it is reasonable to suspect that the material or recording is created or communicated for a sexual purpose; (d) a visual representation, written material or an audio recording that shows, describes, presents or represents any of the following, if it is reasonable to suspect that the representation, material or recording is created or communicated for a sexual purpose: (i) a person touching, in a sexual manner, directly or indirectly, with a part of their body or with an object, any part of the body of a child or a person depicted as being a child, (ii) a person who is engaged in or depicted as being engaged in explicit sexual activity in the presence of a child or a person depicted as being a child, or (iii) a person exposing their sexual organs or anal region in the presence of a child or a person depicted as being a child; (e) a visual representation, written material or an audio recording in which or by means of which sexual activity between a person who is 18 years of age or more and a child is advocated, counselled or planned, other than one in which or by means of which sexual activity between a person who is 16 years of age or more but under 18 years of age and another person who is less than two years older than that person is advocated, counselled or planned; (f) a visual representation that shows a child who is being subjected to cruel, inhuman or degrading acts of physical violence; (g) any excerpt of a visual representation referred to in paragraph (a), if it is reasonable to suspect that the communication of the excerpt perpetuates harm against a person who as a child appeared in the visual representation; and (h) a visual representation, written material or an audio recording that, given the context in which it is communicated, is likely to bring to light a connection between a person and a visual representation, written material or audio recording referred to in any of paragraphs (a) to (d) in which the person appeared as a child, if it is reasonable to suspect that the communication of the representation, material or recording that is likely to bring to light that connection perpetuates harm against the person. ( contenu représentant de la victimisation sexuelle d’enfants ou perpétuant la victimisation de survivants ) content used to bully a child  means content, or an aggregate of content, that, given the context in which it is communicated, could cause serious harm to a child’s physical or mental health, if it is reasonable to suspect that the content or the aggregate of content is communicated for the purpose of threatening, intimidating or humiliating the child. ( contenu visant à intimider un enfant ) harmful content  means (a) intimate content communicated without consent; (b) content that sexually victimizes a child or revictimizes a survivor; (c) content that induces a child to harm themselves; (d) content used to bully a child; (e) content that foments hatred; (f) content that incites violence; and (g) content that incites violent extremism or terrorism. ( contenu préjudiciable ) Indigenous peoples of Canada  has the meaning assigned by the definition  aboriginal peoples of Canada  in subsection 35(2) of the  Constitution Act, 1982 . ( peuples autochtones du Canada ) intimate content communicated without consent  means  (a) a visual recording, such as a photographic, film or video recording, in which a person is nude or is exposing their sexual organs or anal region or is engaged in explicit sexual activity, if it is reasonable to suspect that (i) the person had a reasonable expectation of privacy at the time of the recording, and (ii) the person does not consent to the recording being communicated; and (b) a visual recording, such as a photographic, film or video recording, that falsely presents in a reasonably convincing manner a person as being nude or exposing their sexual organs or anal region or engaged in explicit sexual activity, including a deepfake that presents a person in that manner, if it is reasonable to suspect that the person does not consent to the recording being communicated. ( contenu intime communiqué de façon non consensuelle ) Minister  means the member of the King’s Privy Council for Canada designated under section  8  or, if no member is designated, the Minister of Canadian Heritage.‍ ( ministre ) Office  means the Digital Safety Office of Canada established by section  39 . ( Bureau ) Ombudsperson  means the Digital Safety Ombudsperson of Canada appointed under section  29 . ( ombudsman ) operator   means a person that, through any means, operates a regulated service.  ( exploitant ) person  includes a corporation and a trust, a partnership, a fund, a joint venture and any other unincorporated association or organization. ( personne ) personal information  has the same meaning as in section 3 of the  Privacy Act . ( renseignements personnels ) regulated service  means a service referred to in subsection  3 (1). ( service réglementé ) social media service  means a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international online communication among users of the website or application by enabling them to access and share content. ( service de média social ) visual representation  includes a visual recording such as a photographic, film or video recording. ( représentation ) For greater certainty — social media service (2) For greater certainty, a social media service includes (a) an adult content service, namely a social media service that is focused on enabling its users to access and share pornographic content; and (b) a live streaming service, namely a social media service that is focused on enabling its users to access and share content by live stream. For greater certainty — content that foments hatred (3) For greater certainty and for the purposes of the definition  content that foments hatred , content does not express detestation or vilification solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends. Exclusion (4) The definition  content that sexually victimizes a child or revictimizes a survivor  does not include (a) a visual representation referred to in paragraph (a) of that definition whose creation and communication have a legitimate purpose related to the administration of justice or to science, medicine, education or art and do not pose an undue risk of harm to children; (b) a visual representation referred to in paragraph (f) of that definition whose creation or communication has a legitimate purpose referred to in paragraph (a) and does not pose an undue risk of harm to children; (c) an excerpt of a visual representation referred to in paragraph (g) of that definition that is communicated for a legitimate purpose referred to in paragraph (a); and (d) a visual representation, written material or an audio recording referred to in paragraph (h) of that definition that is communicated for a legitimate purpose referred to in paragraph (a). Regulated service 3 (1) For the purposes of this Act, a regulated service is a social media service that (a) has a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); or (b) has a number of users that is less than the number of users provided for by regulations made under subsection (2) and is designated by regulations made under subsection (3). Regulations — number of users (2) For the purposes of subsection (1), the Governor in Council may make regulations (a) establishing types of social media services; (b) respecting the number of users referred to in that subsection, for each type of social media service; and (c) respecting the manner of determining the number of users of a social media service. Regulations — paragraph (1)(b) (3) For the purposes of paragraph (1)(b), the Governor in Council may make regulations designating a particular social media service if the Governor in Council is satisfied that there is a significant risk that harmful content is accessible on the service. Information provided by Commission (4) At the Minister’s request and within the time and in the manner specified by the Minister, the Commission must provide to the Minister any information that is relevant for the purposes of subsection (3). Duty to provide information 4 At the Commission’s request and within the time and in the manner specified by it, the person that, through any means, operates a social media service must provide to the Commission any information provided for by regulations, for the purpose of enabling the Commission to determine whether the social media service has a number of users that is equal to or greater than the number of users provided for by regulations made under subsection  3 (2). Exclusion of service 5 (1) For the purposes of this Act, a service is not a social media service if it does not enable a user to communicate content to the public. Interpretation (2) For the purposes of subsection (1), a service does not enable a user to communicate content to the public if it does not enable the user to communicate content to a potentially unlimited number of users not determined by the user. Exclusion of private messaging feature 6 (1) The duties imposed under this Act on the operator of a regulated service do not apply in respect of any private messaging feature of the regulated service. Definition of  private messaging feature (2) For the purposes of subsection (1),  private messaging feature  means a feature that (a) enables a user to communicate content to a limited number of users determined by the user; and (b) does not enable a user to communicate content to a potentially unlimited number of users not determined by the user. Proactive search of content not required 7 (1) Nothing in this Act requires an operator to proactively search content on a regulated service that it operates in order to identify harmful content. Regulations (2) Despite subsection (1), regulations made under paragraph  140 (1)(d) may require the operator of a regulated service to use technological means to prevent content that sexually victimizes a child or revictimizes a survivor from being uploaded to the service. Designation Order designating Minister 8 The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act. Purposes of Act Purposes 9 The purposes of this Act are to (a) promote the online safety of persons in Canada; (b) protect children’s physical and mental health; (c) considering that exposure to harmful content online impacts the safety and well-being of persons in Canada, mitigate the risk that persons in Canada will be exposed to harmful content online while respecting their freedom of expression; (d) enable persons in Canada to participate fully in public discourse and exercise their freedom of expression online without being hindered by harmful content; (e) reduce harms caused to persons in Canada as a result of harmful content online; (f) make content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent inaccessible online; (g) ensure that operators are transparent and accountable with respect to their duties under this Act; and (h) contribute to the development of standards with respect to online safety. PART 1 Digital Safety Commission of Canada Establishment and Mandate Commission 10 The Digital Safety Commission of Canada is established. Mandate 11 The Commission’s mandate is to promote online safety in Canada and contribute to the reduction of harms caused to persons in Canada as a result of harmful content online by, among other things, (a) ensuring the administration and enforcement of this Act; (b) ensuring that operators are transparent and accountable with respect to their duties under this Act; (c) investigating complaints relating to content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent; (d) contributing to the development of standards with respect to online safety through research and educational activities; (e) facilitating the participation of Indigenous peoples of Canada and interested persons in the Commission’s activities; and (f) collaborating with interested persons, including operators, the Commission’s international counterparts and other persons having professional, technical or specialized knowledge. Members Composition 12 The Commission consists of three to five full-time members to be appointed by the Governor in Council to hold office during good behaviour. The Governor in Council may remove a member for cause. Term of office 13 Members are to hold office for renewable terms of not more than five years that will ensure, to the extent possible, the end in any one calendar year of the terms of office of not more than half of the members. Remuneration and expenses 14 A member is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred while absent from their ordinary place of work in the course of performing their duties and functions. Benefits 15 A member is deemed to be an employee for the purposes of the  Government Employees Compensation Act  and to be employed in the federal public administration for the purposes of regulations made under section 9 of the  Aeronautics Act . Ineligibility 16 A person is not eligible to be appointed or to continue as a member if the person is not a Canadian citizen or a  permanent resident  as defined in subsection 2(1) of the  Immigration and Refugee Protection Act . Incompatibility with other duties and functions 17 A member must devote the whole of their time to the performance of their duties and functions. Chairperson and Vice-chairperson Designation 18 The Governor in Council must, after approval by resolution of the Senate and House of Commons, designate a member as Chairperson of the Commission. The Governor in Council may designate another member as Vice-chairperson of the Commission. Chairperson’s powers, duties and functions 19 The Chairperson allocates and supervises the work of members and directs the work of the Commission. Rules 20 (1) The Chairperson may make rules respecting the Commission’s procedures and practices. Rules publicly available (2) The Commission must make the rules publicly available. Authorization — members 21 The Chairperson may authorize one or more members, either jointly or severally, to exercise any of the Commission’s powers or perform any of its duties and functions. Committees 22 The Chairperson may establish committees of members for the purposes of conducting the Commission’s work and the Chairperson may authorize a committee of members to exercise any of the Commission’s powers or perform any of its duties and functions. Vice-chairperson’s powers, duties and functions 23 The Vice-chairperson is to exercise any of the powers and perform any of the duties and functions that the Chairperson may assign to them and is to act as Chairperson if that office is vacant or if the Chairperson is absent or incapacitated. Absence, incapacity or vacancy 24 In the event of the absence or incapacity of the Chairperson and the Vice-chairperson or a vacancy in both those offices, the Minister may authorize another member to act as Chairperson, but no member so authorized has authority to act for a term of more than 90 days without the approval of the Governor in Council. General Provisions Delegation 25 (1) After consultation with the Chief Executive Officer of the Office, the Commission may delegate to employees of the Office, subject to any terms and conditions that the Commission may specify, the power to exercise any of the Commission’s powers or perform any of its duties and functions. Restriction (2) The Commission is not authorized to delegate to employees of the Office the power to submit any report to the Minister or the Governor in Council, the power to make regulations that the Commission is authorized to make, the power to make orders under subsection  94 (1) or the power to delegate under subsection (1). Guidelines, etc. 26 The Commission may issue guidelines, codes of conduct and other such documents for the purposes of this Act. Requirements 27 When making regulations and issuing guidelines, codes of conduct and other documents, the Commission must take into account (a) freedom of expression; (b) equality rights; (c) privacy rights; (d) the needs and perspectives of the Indigenous peoples of Canada; and (e) any other factor that the Commission considers relevant. Hearings and reports 28 The Commission must, on request of the Governor in Council, hold hearings or make reports on any matter that is within the Commission’s mandate. PART 2 Digital Safety Ombudsperson of Canada Appointment and Mandate Appointment 29 The Governor in Council is to appoint a Digital Safety Ombudsperson of Canada. Term of office 30 The Ombudsperson is to hold office during pleasure on a full-time basis for a renewable term of not more than five years. Mandate 31 The Ombudsperson’s mandate is to provide support to users of regulated services and advocate for the public interest with respect to systemic issues related to online safety. Remuneration and expenses 32 The Ombudsperson is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred while absent from their ordinary place of work in the course of performing their duties and functions. Benefits 33 The Ombudsperson is deemed to be an employee for the purposes of the  Government Employees Compensation Act  and to be employed in the federal public administration for the purposes of regulations made under section 9 of the  Aeronautics Act . Ineligibility 34 A person is not eligible to be appointed or to continue as Ombudsperson if the person is not a Canadian citizen or a  permanent resident  as defined in subsection 2(1) of the  Immigration and Refugee Protection Act . Incompatibility with other duties and functions 35 The Ombudsperson must devote the whole of their time to the performance of their duties and functions. Absence, incapacity or vacancy 36 In the event of the absence or incapacity of the Ombudsperson or a vacancy in that office, the Minister may authorize any person to act as Ombudsperson, but no one so authorized has authority to act for a term of more than 90 days without the approval of the Governor in Council. Powers, Duties and Functions Powers, duties and functions 37 In fulfilling their mandate under section  31 , the Ombudsperson may (a) gather information with respect to issues related to online safety, including with respect to harmful content, such as by obtaining the perspective of users of regulated services and victims of harmful content; (b) highlight issues related to online safety, including by making publicly available any information gathered under paragraph (a), other than personal information; and (c) direct users to resources, including those provided for under this Act, that may address their concerns regarding harmful content. Delegation 38 After consultation with the Chief Executive Officer of the Office, the Ombudsperson may delegate to employees of the Office, subject to any terms and conditions that the Ombudsperson may specify, the power to exercise any of the Ombudsperson’s powers or perform any of their duties and functions, except the power to submit any report to the Minister or the power to delegate under this section. PART 3 Digital Safety Office of Canada Establishment and Mandate Office 39 The Digital Safety Office of Canada is established. Mandate 40 The Office’s mandate is to support the Commission and the Ombudsperson in the fulfillment of their mandates, the exercise of their powers and the performance of their duties and functions. Head office 41 The head office of the Office is to be at any place in Canada that may be designated by the Governor in Council. Chief Executive Officer Appointment 42 On the recommendation of the Minister, the Governor in Council is to appoint a Chief Executive Officer of the Office. Deputy head 43 The Chief Executive Officer has the rank and status of a deputy head of a department. Term of office 44 The Chief Executive Officer is to hold office during pleasure on a full-time basis for a renewable term of not more than five years. Role 45 (1) The Chief Executive Officer is responsible for the management of the Office’s day-to-day business and affairs, including the supervision of its employees and their work. No directions (2) The Chief Executive Officer must not give employees of the Office any directions with respect to any particular decision, order or recommendation that is made by the Commission or the Ombudsperson. Arrangements 46 The Chief Executive Officer may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist the Commission or Ombudsperson. Remuneration and expenses 47 The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred while absent from their ordinary place of work in the course of performing their duties and functions. Benefits 48 The Chief Executive Officer is deemed to be an employee for the purposes of the  Government Employees Compensation Act  and to be employed in the federal public administration for the purposes of regulations made under section 9 of the  Aeronautics Act . Ineligibility 49 A person is not eligible to be appointed or to continue as Chief Executive Officer if the person is not a Canadian citizen or a  permanent resident  as defined in subsection 2(1) of the  Immigration and Refugee Protection Act . Incompatibility with other duties and functions 50 The Chief Executive Officer must devote the whole of their time to the performance of their duties and functions. Absence, incapacity or vacancy 51 In the event of the absence or incapacity of the Chief Executive Officer or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no one so authorized has authority to act for a term of more than 90 days without the approval of the Governor in Council. Human Resources Employees 52 (1) The Chief Executive Officer may employ any employees that are necessary to conduct the work of the Office. Appointment (2) Employees are to be appointed in accordance with the  Public Service Employment Act . Delegation 53 The Chief Executive Officer may delegate to employees of the Office, subject to any terms and conditions that the Chief Executive Officer may specify, the power to exercise any of the Chief Executive Officer’s powers or perform any of their duties and functions, except the power to delegate under this section. PART 4 Duties of Operators of Regulated Services Duty to Act Responsibly Duty to act responsibly 54 An operator has a duty to act responsibly in respect of a regulated service that it operates by complying with sections  55  to  63  and with orders made by the Commission under subsection  74 (1). Duty to implement measures 55 (1) The operator of a regulated service must implement measures that are adequate to mitigate the risk that users of the service will be exposed to harmful content on the service. Factors (2) In order to determine whether the measures implemented by the operator are adequate to mitigate the risk that users of the regulated service will be exposed to harmful content on the service, the Commission must take into account the following factors: (a) the effectiveness of the measures in mitigating the risk; (b) the size of the service, including the number of users; (c) the technical and financial capacity of the operator; (d) whether the measures are designed or implemented in a manner that is discriminatory on the basis of a prohibited ground of discrimination within the meaning of the  Canadian Human Rights Act ; and (e) any factor provided for by regulations. No unreasonable or disproportionate limit on expression (3) Subsection (1) does not require the operator to implement measures that unreasonably or disproportionately limit users’ expression on the regulated service. Measures in regulations 56 The operator of a regulated service must implement any measures that are provided for by regulations to  mitigate  the risk that users of the service will be exposed to harmful content on the service. Guidelines 57 The operator of a regulated service must make user guidelines publicly available on the service. The user guidelines must be accessible and easy to use and must include (a) a standard of conduct that applies to users with respect to harmful content; and (b) a description of the measures that the operator implements with respect to harmful content on the service. Tools to block users 58 The operator of a regulated service must make available to users who have an account or are otherwise registered with the service tools that enable those users to block other users who have an account or are otherwise registered with the service from finding or communicating with them on the service. Tools and processes to flag harmful content 59 (1) The operator of a regulated service must implement tools and processes to (a) enable a user to easily flag to the operator content that is accessible on the service as being a particular type of harmful content; (b) notify a user who flagged content as being a particular type of harmful content of the operator’s receipt of the flag as well as of any measures taken by the operator with respect to the content or of the fact that no measures were taken; and (c) notify a user who communicated content that was flagged as being a particular type of harmful content of the fact that the content was flagged as well as of any measures taken by the operator with respect to the content or of the fact that no measures were taken. Prohibition – notification of measures (2) In notifying a user of any measures taken with respect to content in accordance with paragraphs (1)(b) and (c), the operator must not notify a user of any report that the operator has made to a law enforcement agency in relation to the content. Multiple instances of automated communication by computer program 60 The operator of a regulated service must label, as being content that is described in this section, harmful content — other than content that is referred to in subsections  67 (1) and  68 (1) — that is accessible on the service if the operator has reasonable grounds to believe that the content (a) is the subject of multiple instances of automated communication on the service by a computer program, other than a computer program that is implemented by the operator to facilitate the proper functioning of the service; and (b) is more prominent on the service than it would have been had it not been the subject of those multiple instances of automated communication by a computer program. Resource person 61 (1) The operator of a regulated service must make a resource person available to users of the service to (a) hear users’ concerns with respect to harmful content on the service or with respect to the measures that the operator implements to comply with this Act; (b) direct users to internal and external resources to address their concerns, such as an internal complaints mechanism, the Commission or a law enforcement agency; and (c) provide guidance to users with respect to those internal resources. Contact information accessible (2) The operator must ensure that the resource person is easily identifiable and that the resource person’s contact information is easily accessible to users of the service. Digital safety plan 62 (1) The operator of a regulated service must submit a digital safety plan to the Commission in respect of each regulated service that it operates. The digital safety plan must include the following information in respect of the period provided for in the regulations: (a) information respecting the manner in which the operator complies with sections  55  and  56 , including (i) the operator’s assessment of the risk that users of the service will be exposed to harmful content on the service, (ii) a description of the measures that the operator implements to mitigate the risk, (iii) the operator’s assessment of the effectiveness of the measures — both individually and collectively — in mitigating the risk, (iv) a description of the indicators that the operator uses to assess the effectiveness of the measures, and (v) information respecting the factors referred to in subsection  55 (2); (b) information respecting the manner in which the operator complies with sections  57  to  61 , including a description of the measures that the operator implements under those sections; (c) information respecting the manner in which the operator complies with section  65 , including a description of the design features that the operator integrates into the service under that section; (d) information respecting any measures that the operator implements to protect children, other than those that it implements under section  65 ; (e) information respecting the resources, including human resources, that the operator allocates in order to comply with sections  55  to  61  and  65 , including information respecting the resources that the operator allocates to automated decision-making; (f) information respecting the volume and type of harmful content that was accessible on the service, including the volume and type of harmful content that was moderated, and the volume and type of harmful content that would have been accessible on the service had it not been moderated, as well as the manner in which and the time within which harmful content was moderated; (g) information respecting (i) the number of times that content that was accessible on the service was flagged to the operator by users of the service as being harmful content, including the number of flags relating to each type of harmful content, (ii) the manner in which the operator triaged and assessed the flags, (iii) measures taken by the operator with respect to content that was flagged as being harmful content, and (iv) the time within which the operator took measures with respect to content that was flagged as being harmful content; (h) information respecting the content, other than harmful content, that was moderated by the operator and that the operator had reasonable grounds to believe posed a risk of significant psychological or physical harm, including (i) a description of the content, (ii) the volume of the content that was accessible on the service or that would have been accessible had it not been moderated, and (iii) the manner in which and the time within which the content was moderated; (i) information respecting the concerns heard by the resource person referred to in subsection  61 (1) and the internal and external resources to which the resource person directed users for the purposes of that subsection; (j) information respecting the topics, and a summary of the findings, conclusions or recommendations, of any research conducted by or on behalf of the operator with respect to (i) harmful content on the service, (ii) content on the service that poses a risk of significant psychological or physical harm, other than harmful content, or (iii) design features of the service that pose a risk of significant psychological or physical harm; (k) information respecting the measures implemented by the operator for the purposes of complying with the operator’s duties with respect to the service under  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service ; (l) an inventory of all electronic data, other than content that was communicated by users on the service, that was used to prepare the information referred to in paragraphs (a) to (g), (i) and (m); and (m) any other information provided for by regulations. Exclusion — personal information (2) The operator must ensure that the digital safety plan does not contain any personal information. For greater certainty (3) For greater certainty, the digital safety plan must not contain any information that must not be disclosed under section 5 of  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service . Publication of plan (4) The operator must make the digital safety plan publicly available on the service to which the plan relates in an accessible and easy-to-read format. Information not required (5) The operator is not required to include any of the following information in the digital safety plan that the operator makes publicly available: (a) the inventory of electronic data referred to in paragraph (1)(l); (b) information that is a trade secret; or (c) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person to whose business or affairs it relates. Duty to preserve certain harmful content 63 (1) If the operator of a regulated service makes inaccessible to all persons in Canada content that incites violence or content that incites violent extremism or terrorism, the operator must preserve that content, and all other computer data related to it that is in the operator’s possession or control, for a period of one year beginning on the day on which the content is made inaccessible. Duty to destroy (2) After the end of the one-year period, the operator must, as soon as feasible, destroy the content and any other computer data related to it that would not be retained in the ordinary course of business, as well as any document that was prepared for the purpose of  preserving  that content and data, unless the operator is required to preserve the content, data or document under a judicial order made under any other Act of Parliament or an Act of the legislature of a province or under a preservation demand made under section 487.012 of the  Criminal Code . Exception — content never made accessible (3) Subsections (1) and (2) do not apply to content that was never made accessible on the regulated service. Definition of  computer data (4) In this section,  computer data  has the same meaning as in subsection 1(1) of  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service . Duty to Protect Children Duty to protect children 64 An operator has a duty, in respect of a regulated service that it operates, to protect children by complying with section  65 . Design features 65 An operator must integrate into a regulated service that it operates any design features respecting the protection of children, such as age appropriate design, that are provided for by regulations. Guidelines 66 The Commission may establish guidelines respecting the protection of children in relation to regulated services and respecting the manner in which the operator of a regulated service may comply with regulations made under paragraph  140 (1)(o). The guidelines are established for information purposes only. Duty to Make Certain Content Inaccessible Content identified by operator 67 (1) If the operator of a regulated service identifies on the service, other than as a result of a flag by a user, content that the operator has reasonable grounds to suspect is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator (a) must make that content inaccessible to all persons in Canada within the period that applies under subsection (2) and continue to make it inaccessible until the operator makes a decision under subsection  69 (2); and (b) must, within the period that applies under subsection (2), give notice to the user who communicated the content on the service that the content has been made inaccessible. Period (2) For the purposes of subsection (1), the period is the period of 24 hours — or, if a period of a different length is provided for by regulations, the period of that length — after the operator identifies the content. Content flagged by user 68 (1) If a user of a regulated service flags to the operator content on the service as being content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator must, within the period that applies under subsection (5), conduct an initial assessment of the flag and dismiss the flag if the operator is of the opinion that (a) the flag is trivial, frivolous, vexatious or made in bad faith; or (b) the content that is the subject of the flag is or has already been the subject of another flag and further assessment of the flag is unnecessary having regard to all of the circumstances. Notice of dismissal (2) If the operator dismisses the flag, it must, within the period that applies under subsection (5), notify the user who flagged the content of the dismissal. Duty to make content inaccessible (3) If the operator does not dismiss the flag, the operator must make the content inaccessible to all persons in Canada within the period that applies under subsection (5) and continue to make it inaccessible until the operator makes a decision under subsection  69 (2). Notice to users (4) If the operator makes content inaccessible under subsection (3), the operator must, within the period that applies under subsection (5), give notice to the user who communicated the content on the service and the user who flagged the content that the content has been made inaccessible. Period (5) For the purposes of subsections (1) to (4), the period is the period of 24 hours — or, if a period of a different length is provided for by regulations, the period of that length — after the content is flagged by a user. Representations 69 (1) If the operator of a regulated service makes content inaccessible under subsection  67 (1) or  68 (3), the operator must, within the period provided for by regulations, give the user who communicated the content on the service and the user who flagged the content, if applicable, an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Decision (2) As soon as feasible after the end of the period provided for by regulations for making representations or, if a different period is provided for by regulations, within that period, the operator must decide whether there are reasonable grounds to believe that the content that was made inaccessible to all persons in Canada is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Notice of decision (3) As soon as feasible after making a decision, the operator must give notice of the decision to the user who communicated the content on the service and the user who flagged the content, if applicable. Duty to make inaccessible (4) If the operator decides that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator must continue to make the content inaccessible to all persons in Canada. Reconsideration on request 70 (1) At the request of the user who communicated the content on the service or the user who flagged the content, the operator of a regulated service must reconsider a decision that it made under subsection  69 (2). Representations (2) The operator must, within the period provided for by regulations, give the user who communicated the content on the service and the user who flagged the content, if applicable, an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Reconsideration (3) As soon as feasible after the end of the period provided for by regulations for making representations or, if a different period is provided for by regulations, within that period, the operator must reconsider a decision made under subsection  69 (2). Notice of decision (4) As soon as feasible after making a decision under subsection (3), the operator must give notice of the decision to the user who communicated the content on the service and the user who flagged the content, if applicable. Duty to continue to make inaccessible ceases (5) If the operator decides, on reconsideration under subsection (3), that there are no reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator’s duty to continue to make the content inaccessible under subsection  69 (4), if applicable, ceases. Duty to make inaccessible (6) If the operator decides, on reconsideration under subsection (3), that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator must (a) make the content inaccessible to all persons in Canada without delay, if subsection  69 (4) does not already apply to the operator in respect of the content; or (b) continue to make the content inaccessible to all persons in Canada if subsection  69 (4) applies. Other duties 71 For greater certainty, nothing in sections  67  to  70  affects any duty that the operator of a regulated service may have under  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service . Duty to Keep Records Records — compliance with duties 72 The operator of a regulated service must keep all records, including information and data, that are necessary to determine whether the operator is complying with the operator’s duties under this Act. PART 5 Access to Inventories and Electronic Data Accreditation 73 (1) The Commission may, on request and in accordance with the criteria set out in the regulations, accredit a person, other than an individual, for the purpose of giving that person access to the inventories of electronic data that are included in digital safety plans that have been submitted to the Commission under subsection  62 (1) if the Commission determines that (a) the person’s primary purpose is to conduct research or engage in education, advocacy or awareness activities; and (b) the person conducts research that is, or engages in education, advocacy or awareness activities that are, related to the purposes of this Act. Access to inventories (2) The Commission may give a person that is accredited under subsection (1) access to the inventories of electronic data referred to in that subsection. Suspension or revocation of accreditation (3) After giving an accredited person a reasonable opportunity to make representations, the Commission may suspend or revoke the accreditation if the Commission determines that the accredited person failed to comply with any condition under this Act that relates to the accreditation, to access to the inventories of electronic data or to access to the electronic data. Order — access to electronic data 74 (1) At the request of an accredited person and in accordance with the criteria set out in the regulations, the Commission may make an order requiring the operator of a regulated service to give individuals who are referred to in the request access to any electronic data that is referred to in an inventory of electronic data that is included in a digital safety plan that has been submitted to the Commission under subsection  62 (1) in respect of the regulated service and that is specified in the request. Research project (2) An accredited person may make a request under subsection (1) only in respect of a research project that is related to the purposes of this Act. Contents of request (3) A request must include (a) a description of the research project in respect of which access to electronic data is requested and a description of how the research project is related to the purposes of this Act; (b) information respecting the individuals who are undertaking the research project and for whom access to electronic data is requested; (c) the name of the operator from which access to electronic data is requested and the name of the regulated service to which the electronic data relates; (d) a description of the electronic data to which access is requested, which must be referred to in an inventory of electronic data that is included in a digital safety plan that has been submitted to the Commission under subsection  62 (1) in respect of the regulated service; (e) an indication of the time within which access to the electronic data is requested; (f) an indication of the length of time for which access to the electronic data is requested; (g) a description of how any conditions set out in the regulations with respect to confidentiality, intellectual property, data security and the protection of personal information will be met; and (h) any other information provided for by regulations. Contents of order (4) An order made under subsection (1) must specify (a) the name of the regulated service to which it relates; (b) the individuals referred to in paragraph (3)(b) to whom access to the electronic data must be given; (c) the electronic data referred to in paragraph (3)(d) to which access must be given; (d) the time within which access to the electronic data must be given; (e) the length of time for which access to the electronic data must be given; (f) any conditions with respect to confidentiality, intellectual property, data security and the protection of personal information; (g) any other conditions that the Commission considers appropriate; and (h) any other information provided for by regulations. For greater certainty (5) For greater certainty, in complying with an order, the operator must not disclose any information that must not be disclosed under section 5 of  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service . Statutory Instruments Act (6) The  Statutory Instruments Act  does not apply to an order made under subsection (1). Amendment or revocation of order 75 At the request of the operator of a regulated service that is the subject of an order made under subsection  74 (1), the Commission may amend or revoke the order if the Commission determines, in accordance with the criteria set out in the regulations, that the operator is unable to comply with the order or that complying with it would cause the operator undue hardship. Complaint 76 (1) The accredited person at whose request an order was made under subsection  74 (1) may make a complaint to the Commission that the operator that is the subject of the order failed to comply with the order. Representations (2) The Commission must give the operator a reasonable opportunity to make representations with respect to the complaint. Publication 77 The Commission may publish a list of persons that are accredited under subsection  73 (1) and a description of the research projects in respect of which the Commission has made an order under subsection  74 (1). PART 6 Remedies Submissions Submissions from public 78 (1) A person in Canada may make submissions to the Commission respecting harmful content that is accessible on a regulated service or the measures taken by the operator of a regulated service to comply with the operator’s duties under this Act. Operator informed of submissions (2) The Commission may inform an operator of any submissions that it receives under subsection (1), in a manner that protects the identity of the person who made the submissions. Information made public (3) The Commission may make public information respecting any submissions that it receives under subsection (1), in a manner that protects the identity of the person who made the submissions and the regulated service in respect of which the submissions were made. Confidentiality — employees 79 (1) If an employee of the operator of a regulated service makes submissions under subsection  78 (1) with respect to the service, the employee may make a request to the Commission that the following information be kept confidential: (a) the employee’s identity; and (b) any information in the submissions that the employee identifies as being likely to reveal their identity. Prohibition — disclosure (2) It is prohibited for an individual referred to in subsection (3) to disclose information that an employee has requested be kept confidential under subsection (1), or allow it to be disclosed, other than to the following individuals in the course of exercising the Commission’s powers or performing its duties and functions under this Act: (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction; (b) an employee of the Office; and (c) the Chief Executive Officer of the Office. Application to individuals (3) Subsection (2) applies to any individual referred to in any of the following paragraphs who comes into possession of the information while holding the office or employment described in that paragraph, whether or not the individual has ceased to hold that office or be so employed: (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction; (b) an employee of the Office; and (c) the Chief Executive Officer of the Office. Exceptions (4) Subsection (2) does not apply with respect to the following information: (a) information in respect of which the employee withdraws the request; (b) information that is publicly available; and (c) information that the Commission obtains from a source other than the submissions made by the employee. Disclosure to Minister (5) The Commission may disclose information referred to in subsection (1) to the Minister if required to do so under subsection  138 (1). Offence 80 (1) Every individual who contravenes subsection  79 (2) is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine of not more than $5,000; and (b) for a second or subsequent offence, to a fine of not more than $10,000. Due diligence defence (2) An individual is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Complaints Respecting Certain Content Complaint to Commission 81 (1) A person in Canada may make a complaint to the Commission that content on a regulated service is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Dismissal of complaint (2) If a person makes a complaint to the Commission, the Commission must conduct an initial assessment of the complaint and dismiss it if the Commission is of the opinion that (a) the complaint is trivial, frivolous, vexatious or made in bad faith; or (b) the content that is the subject of the complaint is or has already been the subject of another complaint and further assessment of the complaint is unnecessary having regard to all of the circumstances. Notice of dismissal (3) If the Commission dismisses the complaint, it must give the complainant notice of the dismissal. Notice and interim order to make content inaccessible (4) If the Commission does not dismiss the complaint, it must (a) give notice of the complaint to the operator of the regulated service to which the complaint relates and the user who communicated the content on the service; and (b) make an order requiring the operator to, without delay, make the content inaccessible to all persons in Canada and to continue to make it inaccessible until the Commission gives notice to the operator of its  decision  under subsection  82 (4) or (5), as the case may be. Notice by operator (5) The operator must give notice to the Commission and the user who communicated the content on the service that the content has been made inaccessible in accordance with an order made under paragraph (4)(b). Contact information (6) The operator must ask the user who communicated the content on the service whether they consent to the operator providing the user’s contact information to the Commission. If the user consents, the operator must provide the contact information to the Commission. Representations 82 (1) If the Commission makes an order under paragraph  81 (4)(b), the Commission must give the complainant and the user who communicated the content on the service an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Decision (2) The Commission must decide whether there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent. Notice of decision (3) The Commission must give notice of the decision to the complainant and the user who communicated the content on the service. Notice to operator (4) If the Commission decides that there are no reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the Commission must give the operator notice of the decision and of the fact that the order made under paragraph  81 (4)(b) requiring the operator to continue to make the content inaccessible ceases to have effect. Notice and order to make content permanently inaccessible (5) If the Commission decides that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the Commission must give the operator notice of the decision and make an order requiring the operator to make the content permanently inaccessible to all persons in Canada. Notice by operator (6) The operator must give notice to the Commission and the user who communicated the content on the service that the content has been made inaccessible in accordance with an order made under subsection (5). Clarification — user contact information 83 Any duty imposed on the Commission under paragraph  81 (4)(a) or subsection  82 (1) or (3) in respect of a user who communicated content on a regulated service applies only if the Commission has the user’s contact information. Information 84 At the request of the Commission and within the time and in the manner that it specifies, the operator of a regulated service in respect of which a complaint has been made under subsection  81 (1) must provide to the Commission any information that the Commission considers necessary to investigate the complaint, other than personal information. Statutory Instruments Act 85 The  Statutory Instruments Act  does not apply to an order made under paragraph  81 (4)(b) or subsection  82 (5). PART 7 Administration and Enforcement General Commission’s powers 86 In ensuring an operator’s compliance with this Act or investigating a complaint made under subsection  81 (1), the Commission may, in accordance with any rules made under subsection  20 (1), (a) summon and enforce the appearance of persons before the Commission and compel them to give oral or written evidence on oath and to produce any documents or other things that the Commission considers necessary, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence or other information, whether on oath, by affidavit or otherwise, that the Commission sees fit, whether or not it would be admissible in a court of law; and (d) decide any procedural or evidentiary question. Rules of evidence 87 The Commission is not bound by any legal or technical rules of evidence. It must deal with all matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. Hearings Hearing 88 (1) The Commission may hold a hearing, in accordance with any rules made under subsection  20 (1), in connection with (a) a complaint made under subsection  81 (1); or (b) any other matter relating to an operator’s compliance with this Act. Private hearing (2) A hearing must be held in public, but the Commission may decide that it is to be held in private, in whole or in part, if the Commission considers that (a) it would be in the public interest; (b) it would be in the interest of victims of harmful content; (c) it would be in the national interest, including if there is a risk of injury to Canada’s international relations, national defence or national security; (d) a person’s privacy interest outweighs the principle that hearings be open to the public; or (e) the following information may be disclosed: (i) information that is a trade secret, (ii) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person to whose business or affairs it relates, or (iii) information whose disclosure could reasonably be expected to (A) result in material financial loss or gain to any person, (B) prejudice the competitive position of any person, or (C) affect contractual or other negotiations of any person. Location and time of hearing 89 A hearing is to be held at any time and at any place in Canada and in the manner that the Commission considers appropriate for the exercise of its powers or the performance of its duties and functions. Inspections Designation of inspectors 90 (1) The Commission may designate as inspectors persons or classes of persons that the Commission considers qualified for the purposes of verifying compliance or preventing non-compliance with this Act. Certificate (2) The Commission must provide every inspector with a certificate of designation. An inspector must, if requested to do so, produce their certificate to the person appearing to be in charge of any place that they enter. Power to enter 91 (1) Subject to subsection  92 (1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter any place in which they have reasonable grounds to believe that there is any document, information or other thing relevant to that purpose. Entry by means of telecommunication (2) An inspector is considered to have entered a place if they access it remotely by a means of telecommunication. Limitation — access by means of telecommunication (3) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1). Other powers (4) An inspector may, for the purpose referred to in subsection (1), (a) examine any document or information that is found in the place, copy it in whole or in part and take it for examination or copying; (b) examine any other thing that is found in the place and take it for examination; (c) use or cause to be used any computer system at the place to examine any document or information that is found in the place; (d) reproduce any document or information or cause it to be reproduced and take it for examination or copying; and (e) use or cause to be used any copying equipment or means of telecommunication at the place to make copies of or transmit any document or information. Duty to assist (5) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties and functions under this section and must provide any document, information or other thing that is reasonably required for that purpose. Accompanying individual (6) An inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties and functions under this section. Warrant to enter dwelling-house 92 (1) If the place referred to in subsection  91 (1) is a dwelling-house, an inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) A justice of the peace may, on  ex parte  application, issue a warrant authorizing an inspector to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection  91 (1); (b) entry to the dwelling-house is necessary for the purpose referred to in that subsection; and (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused by, or that consent to enter cannot be obtained from, the occupant. Means of telecommunication (3) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the  Criminal Code  applies for those purposes with any necessary modifications. Use of force (4) An inspector is not entitled to use force in executing a warrant unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer. Requirement to provide information or access 93 An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, require any person who is in possession of a document or information that the inspector considers necessary for that purpose to provide the document or information to the inspector or provide the inspector with access to the document or information, in the form and manner and within the time specified by the inspector. Compliance Orders Compliance order 94 (1) If the Commission has reasonable grounds to believe that an operator is contravening or has contravened this Act, it may make an order requiring the operator to take, or refrain from taking, any measure to ensure compliance with this Act. Statutory Instruments Act (2) The  Statutory Instruments Act  does not apply to an order made under subsection (1). Enforcement of Orders Enforcement of orders 95 (1) An order of the Commission may be made an order of the Federal Court and is enforceable in the same manner as an order of that court. Procedure (2) An order may be made an order of the Federal Court by following the usual practice and procedure of that court or by filing a certified copy of the order with the registrar of that court. Administrative Monetary Penalties Regime Proceedings Violation 96 (1) Subject to the regulations, an operator commits a violation and is liable to an administrative monetary penalty if it (a) contravenes a provision of this Act or the regulations; (b) contravenes an order of the Commission; (c) contravenes a requirement imposed by an inspector under section  93 ; (d) contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings; (e) contravenes a requirement imposed by the Commission under section  117  or subsection  119 (2); (f) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or (g) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions. Person that operates social media service (2) Subject to the regulations, a person that, through any means, operates a social media service — other than an operator — commits a violation and is liable to an administrative monetary penalty if the person (a) contravenes section  4 ; (b) contravenes a requirement imposed by an inspector under section  93 ; (c) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or (d) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions. Continued violation 97 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued. Purpose of penalty 98 The purpose of a penalty is to promote compliance with this Act and not to punish. Designation 99 The Commission may designate persons or classes of persons who are authorized to issue a notice of violation. Notice of violation 100 (1) If a person authorized to issue a notice of violation believes on reasonable grounds that a person has committed a violation, the authorized person may issue a notice of violation and cause it to be served on the person. Content of notice of violation (2) The notice of violation is to set out (a) the name of the person that is believed to have committed the violation; (b) the act or omission giving rise to the violation; (c) the provision at issue; (d) the penalty that the person is liable to pay; (e) a statement informing the person that they may pay the penalty, make representations to the Commission with respect to the violation or the penalty or enter into an undertaking in relation to the act or omission giving rise to the violation and specifying the time and manner for paying the penalty, making representations or entering into an undertaking; and (f) a statement informing the person that if they do not pay the penalty, make representations or enter into an undertaking in relation to the act or omission giving rise to the violation, within the time and in the manner set out in the notice, they will be deemed to have committed the violation. Maximum penalty 101 The maximum penalty for a violation is not more than 6% of the gross global revenue of the person that is believed to have committed the violation or $10 million, whichever is greater. Factors — determination of penalty 102 The amount of the penalty is to be determined by taking into account the following factors: (a) the nature and scope of the violation; (b) the history of compliance with this Act by the person that is believed to have committed the violation; (c) any benefit that the person obtained by committing the violation; (d) the ability of the person to pay the penalty and the likely effect of paying it on their ability to carry on their business; (e) the purpose of the penalty; (f) any factor prescribed by regulation; and (g) any other relevant factor. Payment of penalty 103 If a person that is served with a notice of violation pays the penalty within the time and in the manner set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended. Representations 104 (1) A person that is served with a notice of violation may make representations to the Commission within the time and in the manner set out in the notice, in which case the Commission must decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation. Decision — violation committed (2) If the Commission decides that the person committed the violation, it may (a) impose the penalty set out in the notice of violation, a lesser penalty or no penalty; (b) suspend payment of the penalty subject to any conditions that the Commission considers necessary; and (c) make an order requiring the person to take, or refrain from taking, any measure to ensure compliance with this Act. Statutory Instruments Act (3) The  Statutory Instruments Act  does not apply to an order made under paragraph (2)(c). Decision — violation not committed (4) If the Commission decides that the person did not commit the violation, the proceedings in respect of it are ended. Notice of decision (5) The Commission must cause a notice that sets out its decision to be served on the person. Deemed commission of violation 105 If a person that is served with a notice of violation does not pay the penalty, make representations to the Commission with respect to the violation or the penalty or enter into an undertaking in relation to the act or omission giving rise to the violation, within the time and in the manner set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended. Undertakings Designation 106 The Commission may designate persons or classes of persons who are authorized to enter into undertakings. Undertaking 107 (1) A person that, through any means, operates a social media service may, at any time, enter into an undertaking with the Commission or a person authorized to enter into undertakings. Content (2) The undertaking (a) is to set out the act or omission to which it relates; (b) is to set out the provision at issue; (c) may contain any conditions that the Commission or authorized person considers appropriate; and (d) may include a requirement to pay a specified amount. Undertaking before notice served 108 If a person that, through any means, operates a social media service enters into an undertaking before a notice of violation is served on them, no such notice may be served on the person in respect of the acts or omissions set out in the undertaking. Undertaking after notice served 109 If a person that, through any means, operates a social media service enters into an undertaking after a notice of violation is served on them, the proceeding that was commenced by the notice is ended in respect of the person in connection with the acts or omissions set out in the undertaking. Debt Due to His Majesty Recovery 110 (1) The following amounts constitute debts due to His Majesty in right of Canada and may be recovered in the Federal Court: (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made or an undertaking is entered into within the time and in the manner specified in the notice; (b) the amount specified in an undertaking, beginning on the day on which the undertaking is accepted by the Commission or a person authorized to enter into undertakings; (c) the amount of the penalty imposed by the Commission, beginning on the day on which it is required to be paid in accordance with the notice of decision served under subsection  104 (5); and (d) the amount of any costs or expenses incurred in attempting to recover an amount referred to in paragraphs (a) to (c). Limitation or prescription period (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than three years after the day on which the debt becomes payable. Receiver General 111 A penalty that is paid or recovered in relation to a violation and an amount specified in an undertaking that is paid or recovered are payable to the Receiver General. Certificate of default 112 (1) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection  110 (1). Registration in Federal Court (2) Registration of the certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. General Rules Due diligence defence 113 A person is not to be found liable for a violation if they establish that they exercised due diligence to prevent its commission. Common law principles 114 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Proof of violation — employee, agent or mandatary 115 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified. Violation or offence 116 If an act or omission may be proceeded with as a violation or as an offence, proceeding in one manner precludes proceeding in the other. Information 117 If the Commission has reasonable grounds to believe that a person that, through any means, operates a social media service has information that will assist the Commission in determining the person’s gross global revenue or in deciding whether they committed a violation, the Commission may require the person to provide the information to the Commission in the form and manner, and within the time, that it specifies. Limitation or prescription period 118 No notice of violation is to be issued later than three years after the day on which the Commission becomes aware of the act or omission giving rise to the violation. Publication 119 (1) The Commission may publish a notice that sets out (a) the name of a person that is deemed, or found by the Commission, to have committed a violation, the act or omission that gave rise to the violation, the provision that was contravened and the amount of any penalty; or (b) the name of a person that entered into an undertaking, along with the text of the undertaking, other than the signatures of the individuals who signed it. Publication by person (2) The Commission may require a person that is deemed, or found by the Commission, to have committed a violation or that enters into an undertaking to publish, in accordance with regulations made by the Commission, a notice that sets out the information referred to in paragraph (1)(a) or (b) in respect of the violation or undertaking. Offences Offence — operators 120 (1) Every operator commits an offence that (a) contravenes an order of the Commission; (b) contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings; (c) contravenes a requirement imposed by the Commission under section  117  or subsection  119 (2); (d) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or (e) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions. Penalty (2) Every operator that commits an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than 8% of the operator’s gross global revenue or $25 million, whichever is greater; or (b) on summary conviction, to a fine of not more than 7% of the operator’s gross global revenue or $20 million, whichever is greater. Offence — persons other than operator 121 (1) Every person other than an operator commits an offence that (a) contravenes subsection  91 (5); or (b) contravenes a requirement imposed by an inspector under section  93 . Penalty (2) Every person that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) to a fine of not more than 3% of the person’s gross global revenue or $10 million, whichever is greater, in the case of a person that is not an individual, and (ii) to a fine at the discretion of the court, in the case of an individual; or (b) on summary conviction, (i) to a fine of not more than 2% of the person’s gross global revenue or $5 million, whichever is greater, in the case of a person that is not an individual, and (ii) to a fine of not more than $50,000, in the case of an individual. Due diligence defence 122 A person is not to be found guilty of an offence under subsection  120 (1) or  121 (1) if they establish that they exercised due diligence to prevent the commission of the offence. Proof of offence — employee, agent or mandatary 123 In a prosecution for an offence under subsection  120 (1) or  121 (1), it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or prosecuted for the offence. Imprisonment precluded 124 If an operator or individual, as the case may be, is convicted of an offence under subsection  80 (1),  120 (1),  121 (1) or  128 (1), no imprisonment may be imposed in default of payment of any fine imposed as punishment. Regulations Regulations 125 The Governor in Council may make regulations for the application of sections  96  to  119  and subsections  120 (2) and  121 (2), including regulations (a) providing for the circumstances in which any of paragraphs  96 (1)(a) to (g) and (2)(a) to (d) do not apply; (b) respecting the determination of gross global revenue for the purposes of section  101  and subsections  120 (2) and  121 (2); (c) prescribing factors that are to be taken into account in determining the amount of an administrative monetary penalty; (d) respecting undertakings referred to in section  107 ; and (e) respecting the service of documents, including the manner and proof of service and the circumstances under which documents are considered to be served. PART 8 Protections, Reports and Information Sharing Protections Not competent witness — Commission 126 (1) A member of the Commission or any person acting on behalf of the Commission or under its direction is not a competent witness in respect of any matter that comes to their knowledge as a result of the exercise of any of the Commission’s powers or performance of any of its duties and functions under this Act in any proceeding other than a prosecution for an offence under this Act or an offence under section 132 of the  Criminal Code  (perjury) in respect of a statement made under this Act. Not competent witness — Ombudsperson (2) The Ombudsperson or any person acting on their behalf or under their direction is not a competent witness in respect of any matter that comes to their knowledge as a result of the exercise of any of the Ombudsperson’s powers or performance of any of their duties or functions under this Act in any proceeding other than a prosecution for an offence under this Act or an offence under section 132 of the  Criminal Code  (perjury) in respect of a statement made under this Act. Confidential information 127 (1) For the purposes of this section, any of the following information may be designated as confidential by the person who submits it to the Commission or the Ombudsperson or by the person to whose business or affairs it relates: (a) information that is a trade secret; or (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it or the person to whose business or affairs it relates. Person to whose business or affairs information relates (2) If the Commission or the Ombudsperson has reasonable grounds to believe that information that is obtained in the exercise of their powers or the performance of their duties and functions is information referred to in paragraph (1)(a) or (b), the Commission or the Ombudsperson must take reasonable steps to ensure that the person to whose business or affairs the information relates is notified of the fact that the person may be entitled to designate the information as confidential. Prohibition — disclosure (3) Subject to subsections (5) to (8), if a person designates information as confidential and the designation is not withdrawn by the person, it is prohibited for an individual referred to in subsection (4) to disclose the information, or allow it to be disclosed, to any person in any manner that is likely to make it available for the use of any person who may benefit from the information or use it to the detriment of any other person to whose business or affairs the information relates. Application to individuals (4) Subsection (3) applies to any individual referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the individual has ceased to hold that office or be so employed: (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction; (b) the Ombudsperson or any individual acting on their behalf or under their direction; (c) an employee of the Office; and (d) the Chief Executive Officer of the Office or any individual acting on their behalf or under their direction. Disclosure of information submitted in proceedings (5) If designated information is submitted in the course of proceedings before the Commission, the Commission may disclose it or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest. Disclosure of other information (6) If designated information is submitted to or obtained by the Commission otherwise than in the course of proceedings before it, the Commission may disclose it or require its disclosure if, after considering any representations from interested persons, it determines that the information is relevant to the determination of a matter before it and that the disclosure is in the public interest. Disclosure to Minister (7) The Commission or the Ombudsperson may disclose designated information obtained by them to the Minister if required to do so under subsection  138 (1). Information inadmissible (8) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information. Offence 128 (1) Every individual who contravenes subsection  127 (3) is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000; and (b) for a second or subsequent offence, to a fine of not more than $10,000. Due diligence defence (2) An individual is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Measures to ensure confidentiality 129 The Commission and the Ombudsperson must take the measures necessary to ensure the confidentiality of information that is designated under subsection  127 (1). Reports Report — Commission 130 (1) The Commission must, within three months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister. Contents (2) The report must contain information respecting (a) any complaints that the Commission received under subsection  81 (1), presented in a manner that protects the identity of the complainants; (b) any orders made under paragraph  81 (4)(b) or subsection  82 (5) or  94 (1); (c) any inspections conducted under this Act; and (d) any agreements or arrangements that the Commission enters into under section  136 . Additional information (3) The report must also contain any information that the Minister requests. Report — Ombudsperson 131 (1) The Ombudsperson must, within three months after the end of each fiscal year, submit a report on their activities in that fiscal year to the Minister. Contents (2) The report must outline any information gathered by the Ombudsperson under paragraph  37 (a) and any issues highlighted by the Ombudsperson under paragraph  37 (b). Additional information (3) The report must also contain any information that the Minister requests. Additional reports 132 The Minister may request a report from the Commission or the Ombudsperson on any matter within their respective mandates. Confidential or personal information 133 A report referred to in any of sections  130  to  132  must not contain personal information or information that is designated as confidential under subsection  127 (1). Tabling 134 The Minister must cause each report made under sections  130  to  132  to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report. Information Sharing Exchange of information 135 The Commission and the Ombudsperson may collect information from and disclose information to each other, including information that is designated as confidential under subsection  127 (1), for the purposes of fulfilling their respective mandates, exercising their respective powers and performing their respective duties and functions. Agreements or arrangements 136 The Commission may, with the approval of the Minister, enter into an agreement or arrangement with federal departments and agencies in the course of federal initiatives that support the implementation of the purposes of this Act, including for the purpose of facilitating communication with persons that operate social media services. Consultation 137 The Commission and the Canadian Radio-television and Telecommunications Commission must consult with each other to the extent that they consider appropriate in carrying out their respective mandates. Provision of information 138 (1) The Minister may require the Commission or the Ombudsperson to provide to the Minister or any person designated by the Minister, within the time and subject to any conditions that the Minister may specify, any information, other than personal information, that the Minister has reasonable grounds to believe is relevant (a) for the making of regulations by the Governor in Council under this Act; or (b) for the purpose of ensuring that this Act and the regulations are effective and up to date. Confidential information (2) Any information provided under subsection (1) that is information that is designated as confidential under subsection  127 (1) or that an employee of an operator has requested be kept confidential under subsection  79 (1) must be treated as confidential by the Minister or the designated person and any person acting on their behalf. PART 9 General Cost Recovery Regulations 139 (1) The Governor in Council may, for the purpose of recovering all or a portion of any costs incurred by the Commission, the Ombudsperson or the Office in relation to the exercise of their powers or the performance of their duties and functions, make regulations respecting (a) charges that are payable by the operator of a regulated service; (b) the manner of calculating those charges and the manner of their payment; and (c) the circumstances in which an operator is exempted from the payment of any charges based on the operator’s ability to pay. Additional information (2) The Commission may require an operator to provide to the Commission any information that it considers necessary for the purposes of determining the operator’s gross global revenue and ability to pay. Classes (3) Regulations made under subsection (1) may establish classes of regulated services. Spending authority (4) The Office may, for the conduct of the activities of the Commission, the Ombudsperson and the Office, spend revenues from the charges imposed under this section in the fiscal year in which they are received or in the next fiscal year. Debt due to His Majesty (5) Charges imposed under this section and any interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in the Federal Court. Regulations Commission 140 (1) The Commission may make regulations (a) respecting the information that must be provided under section  4 ; (b) respecting the factors referred to in paragraphs  55 (2)(a) to (d); (c) respecting factors that the Commission must take into account under paragraph  55 (2)(e); (d) respecting measures that operators must implement under section  56 ; (e) respecting the guidelines referred to in section  57 , including the duty under that section to make the guidelines publicly available; (f) respecting the tools referred to in section  58 , including the duty under that section to make those tools available to users; (g) respecting the tools and processes referred to in subsection  59 (1), including the duty under that section to implement those tools and processes; (h) respecting the duty under section  60  to label harmful content; (i) respecting the duty under section  61  to make a resource person available to users and the manner in which the resource person fulfills their role; (j) respecting the duty under subsection  62 (1) to submit a digital safety plan, including the time within which and the manner in which it must be submitted and the period to which it must relate; (k) respecting the information required under paragraphs  62 (1)(a) to (l), including the manner in which the information must be organized in the digital safety plan; (l) respecting information required under paragraph  62 (1)(m); (m) respecting the duty under subsection  62 (4) to make the digital safety plan publicly available, including the time within which and the manner in which it must be made publicly available; (n) respecting the duty under section  63  to preserve harmful content; (o) respecting design features for the protection of children referred to in section  65 , such as account options for children, parental controls, privacy settings for children and other age appropriate design features; (p) respecting the duty under sections  67  to  70  to make certain content inaccessible to persons in Canada, the making of representations under subsections  69 (1) and  70 (2) and requests for reconsideration under subsection  70 (1); (q) respecting the duty under section  72  to keep records, including the length of time for which the records must be kept; (r) respecting the accreditation of persons under subsection  73 (1), including (i) conditions that apply to persons who are accredited, and (ii) criteria and procedures for the suspension or revocation of an accreditation; (s) respecting access to inventories of electronic data given under subsection  73 (2), including the conditions to which access is subject, including with respect to confidentiality, data security and the protection of personal information; (t) respecting requests made under section  74  for access to electronic data, orders made under that section and access to electronic data granted under those orders; (u) respecting conditions with respect to confidentiality, intellectual property, data security and the protection of personal information under which access to electronic data is granted under orders made under section  74  and any other conditions under which that access is granted; (v) respecting the revocation or amendment of orders under section  75 , including requests and determinations made under that section; (w) respecting the case management of complaints made under subsection  81 (1) and the transmission, preservation and treatment of content that is the subject of a complaint and any information related to that content; (x) respecting an operator’s duties under subsections  81 (5) and (6) and  82 (6); and (y) respecting the manner in which a person is to publish the notice referred to in subsection  119 (2). Publication of proposed regulations (2) Subject to subsection (3), a copy of each regulation that the Commission proposes to make under subsection (1) must be published in the  Canada Gazette  and operators and other interested persons must be given a reasonable opportunity to make representations to the Commission with respect to the proposed regulation. Single publication required (3) A proposed regulation is not required to be published more than once whether or not it is altered or amended after publication as a result of representations made by operators or other interested persons as provided for under subsection (2). Governor in Council 141 (1) The Governor in Council may make regulations (a) respecting the meaning of the expression “significant psychological or physical harm” for the purposes of paragraphs  62 (1)(h) and (j); (b) providing for a period for the purposes of subsection  67 (2); and (c) providing for a period for the purposes of subsection  68 (5). Different treatment (2) Regulations made under paragraph (1)(b) or (c) may distinguish between content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent. Review of Act Review and report 142 No later than the fifth anniversary of the day on which this section comes into force, and every five years after that, the Minister must cause a review of this Act and its operation to be undertaken. The Minister must cause a report on the review to be laid before each House of Parliament within one year after the review is completed. PART 10 Coming into Force Order in council 143 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Consequential Amendments R.S., c. A-1 Access to Information Act 2 Schedule I to the  Access to Information Act  is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Digital Safety Commission of Canada Commission canadienne de la sécurité numérique Digital Safety Office of Canada Bureau canadien de la sécurité numérique Digital Safety Ombudsperson of Canada Ombudsman canadien de la sécurité numérique R.S., c. F-11 Financial Administration Act 3 Schedule I.1 to the  Financial Administration Act  is amended by adding, in alphabetical order in column I, a reference to: Digital Safety Office of Canada Bureau canadien de la sécurité numérique and a corresponding reference in column II to “Minister of Canadian Heritage”. 4 Schedule IV to the Act is amended by adding the following in alphabetical order: Digital Safety Office of Canada Bureau canadien de la sécurité numérique 5 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to: Digital Safety Office of Canada Bureau canadien de la sécurité numérique and a corresponding reference in column II to “Chief Executive Officer”. R.S., c. P-21 Privacy Act 6 The schedule to the  Privacy Act  is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Digital Safety Commission of Canada Commission canadienne de la sécurité numérique Digital Safety Office of Canada Bureau canadien de la sécurité numérique Digital Safety Ombudsperson of Canada Ombudsman canadien de la sécurité numérique R.S., c. P-36 Public Service Superannuation Act 7 Part I of Schedule I to the  Public Service Superannuation Act  is amended by adding the following in alphabetical order: Digital Safety Commission of Canada Commission canadienne de la sécurité numérique  Digital Safety Office of Canada Bureau canadien de la sécurité numérique Digital Safety Ombudsperson of Canada Ombudsman canadien de la sécurité numérique Coordinating Amendments Bill C-27 8 (1) Subsections (2) to (4) apply if Bill C-27, introduced in the 1st session of the 44th Parliament and entitled  Digital Charter Implementation Act, 2022 , receives royal assent. (2) On the first day on which both section 10 of the  Online Harms Act  and subsection 33(1) of the  Artificial Intelligence and Data Act  are in force, the  Online Harms Act  is amended by adding the following after section 135: Artificial Intelligence and Data Commissioner 135.1 If the Commission has reasonable grounds to believe that information in its possession is relevant to the administration and enforcement of the  Artificial Intelligence and Data Act , the Commission must share that information with the person designated as the Artificial Intelligence and Data Commissioner under subsection 33(1) of that Act so that that person may fulfil their mandate under that Act. (3) On the first day on which both section 10 of the  Online Harms Act  and subsection 33(1) of the  Artificial Intelligence and Data Act  are in force, the  Online Harms Act  is amended by adding the following after section 136: Agreements or arrangements — Artificial Intelligence and Data Commissioner 136.1 The Commission may, with the approval of the Minister, enter into an agreement or arrangement with the person designated as the Artificial Intelligence and Data Commissioner under subsection 33(1) of the  Artificial Intelligence and Data Act  in order to undertake and publish research on issues of mutual interest. (4) On the first day on which both section 137 of the  Online Harms Act  and subsection 33(1) of the  Artificial Intelligence and Data Act  are in force, that section 137 is replaced by the following: Consultation 137 The Commission, the Canadian Radio-television and Telecommunications Commission and the person designated as the Artificial Intelligence and Data  Commissioner  under subsection 33(1) of the  Artificial Intelligence and Data Act  must consult with one another to the extent that they consider appropriate in carrying out their respective mandates. Bill C-291 9 If Bill C-291, introduced in the 1st session of the 44th Parliament and entitled  An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) , receives royal assent, then, on the first day on which both subparagraph 12(a)(i) of that Act and section  1  of this Act are in force, the  Online Harms Act , as enacted by that section  1 , is amended by replacing “ An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service ” with “ An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service ” in the following provisions: (a) paragraph 62(1)(k) and subsection 62(3); (b) subsection 63(4); (c) section 71; and (d) subsection 74(5). Coming into Force Order in council 10 Sections  2  to  7  come into force on a day or days to be fixed by order of the Governor in Council. PART 2 R.S., c. C-46 Criminal Code Amendments to the Act 11 Paragraph (a) of the definition  offence  in section 183 of the  Criminal Code  is amended by adding the following after subparagraph (liii): (liii.01) section 320.1001 (offence motivated by hatred), Criminal Code Clause 11 :  Relevant portion of the definition: offence  means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to (a) any of the following provisions of this Act, namely, 1997, c. 17, s. 9(3) 12 Paragraph 264(4)(a) of the Act is replaced by the following: (a) the terms or conditions of an order made  under  section 161 or a recognizance entered into  under  section 810,  810.012 , 810.1 or 810.2; or Clause 12 : Relevant portion of subsection 264(4): (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or 2019, c. 25, s. 120 13 Subsection 318(1) of the Act is replaced by the following: Advocating genocide 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for  life . Clause 13 : Existing text of subsection 318(1): 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. 14 (1) Paragraph 319(1)(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for a term  of not more than five  years; or Clause 14 : (1) Relevant portion of subsection 319(1): 319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (2) Paragraph 319(2)(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for a term  of not more than five  years; or (2) Relevant portion of subsection 319(2): (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or 2022, c. 10, s. 332(1) (3) Paragraph 319(2.1)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term  of not more than five  years; or (3) Relevant portion of subsection 319(2.1): (2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (4) Subsection 319(7) of the Act is amended by adding the following in alphabetical order: hatred  means the emotion that involves detestation or vilification and that is stronger than disdain or dislike; ( haine ) (4) New. (5) Section 319 of the Act is amended by adding the following after subsection (7): Clarification (8) For greater certainty, the communication of a statement does not incite or promote hatred, for the purposes of this section, solely because it discredits, humiliates, hurts or offends. (5) New. 15 The Act is amended by adding the following after section 320.1: Hate Crime Offence motivated by hatred 320.1001 (1) Everyone who commits an offence under this Act or any other Act of Parliament, if the commission of the offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, is guilty of an indictable offence and liable to imprisonment for life. Definition of  hatred (2) For the purposes of subsection (1),  hatred  has the same meaning as in subsection 319(7). Exclusion (3) For greater certainty, the commission of an offence under this Act or any other Act of Parliament is not, for the purposes of this section, motivated by hatred based on any of the factors mentioned in subsection (1) solely because it discredits, humiliates, hurts or offends the victim. Clause 15 : New. 2001, c. 41, s. 12; 2017, c. 23, ss. 1(2) and 2; 2019, c. 25, s. 162(1) 16 Subsections 430(4.1) and (4.101) of the Act are repealed. Clause 16 : Existing text of subsections 430(4.1) and (4.101): (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction. (4.101) For the purposes of subsection (4.1),  property  means (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery; (b) a building or structure, or part of a building or structure, that is primarily used by an  identifiable group  as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure; (c) a building or structure, or part of a building or structure, that is primarily used by an  identifiable group  as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or (d) a building or structure, or part of a building or structure, that is primarily used by an  identifiable group  as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure. 17 The Act is amended by adding the following after section 810.011: Fear of hate propaganda offence or hate crime 810.012 (1) A person may, with the Attorney General’s consent, lay an information before a provincial court judge if the person fears on reasonable grounds that another person will commit (a) an offence under section 318 or any of subsections 319(1) to (2.1); or (b) an offence under section 320.1001. Appearances (2) The provincial court judge who receives the information may cause the parties to appear before a provincial court judge. Adjudication (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months. Duration extended (4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of any offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years. Refusal to enter into recognizance (5) The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance. Conditions in recognizance (6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant to (a) wear an electronic monitoring device, if the Attorney General makes that request; (b) return to and remain at their place of residence at specified times; (c) abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance; (d) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; (e) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or (f) abstain from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary. Conditions — firearms (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies. Surrender, etc. (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered. Reasons (9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it. Variance of conditions (10) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance. Other provisions to apply (11) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section. Clause 17 : New. 2015, c. 20, par. 34(2)(a) 18 (1) The portion of subsection 810.3(1) of the Act before paragraph (a) is replaced by the following: Samples — designations and specifications 810.3 (1) For the purposes of sections 810, 810.01, 810.011,  810.012 , 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the  minister  of justice of a territory shall, with respect to the province or territory, Clause 18 : (1) Relevant portion of subsection 810.3(1): 810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory, 2015, c. 20, par. 34(2)(b) (2) Paragraphs 810.3(2)(a) and (b) of the Act are replaced by the following: (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e),  810.012(6)(d) , 810.1(3.02)(h) and 810.2(4.1)(f); and (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f),  810.012(6)(e) , 810.1(3.02)(i) and 810.2(4.1)(g). (2) Existing text of subsections (2) to (4): (2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g). (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1). (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811. 2015, c. 20, par. 34(2)(c) (3) Subsections 810.3(3) and (4) of the Act are replaced by the following: Restriction (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011,  810.012 , 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1). Destruction of samples (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011,  810.012 , 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811. 2015, c. 20, par. 34(2)(d) (4) Paragraph 810.3(5)(a) of the Act is replaced by the following: (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011,  810.012 , 810.1 and 810.2; (3) Relevant portion of subsection 810.3(5): (5) The Governor in Council may make regulations (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2; 2015, c. 20, par. 34(2)(e) (5) Subsection 810.3(6) of the Act is replaced by the following: Notice — samples at regular intervals (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f),  810.012(6)(e) , 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days. (4) Existing text of subsection 810.3(6): (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days. 2015, c. 20, par. 34(2)(f) 19 Subsections 810.4(1) to (3) of the Act are replaced by the following: Prohibition on use of bodily substance 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011,  810.012 , 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. Prohibition on use or disclosure of result (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011,  810.012 , 810.1 or 810.2. Exception (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011,  810.012 , 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes. Clause 19 : Existing text of subsections 810.4(1) to (3): 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2. (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes. 2015, c. 20, s. 34(3) 20 Subsection 811.1(1) of the Act is replaced by the following: Proof of certificate of analyst — bodily substance 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011,  810.012 , 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate  purporting  to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. Clause 20 : Existing text of subsection 811.1(1): 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. 1993, c. 45, s. 12 21 Form 23 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 23” with the following: (Sections 810,  810.012  and 810.1) 2019, c. 25, s. 348(3) 22 (1) Form 32 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 32” with the following: (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01,  810.012 , 810.1, 810.2, 817 and 832) 2019, c. 25, s. 348(3) (2) Paragraph (b) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following: (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01,  810.012 , 810.1 and 810.2 of the  Criminal Code ); 2019, c. 25, s. 348(3) (3) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is amended by adding the reference “810.012,” in the list of references between parentheses in that paragraph. 2019, c. 25, s. 348(3) (4) Paragraph (e) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following: (e) wears an electronic monitoring device ( if the Attorney General makes the request ) (sections 810.01,  810.012 , 810.1 and 810.2 of the  Criminal Code ); 2019, c. 25, s. 348(3) (5) Paragraphs (g) to (i) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following: (g) returns to and remains at their place of residence at specified times (sections 810.01,  810.012 , 810.1 and 810.2 of the  Criminal Code ); (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01,  810.012 , 810.1 and 810.2 of the  Criminal Code ); (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01,  810.012 , 810.1 and 810.2 of the  Criminal Code ); 2015, c. 20, s. 34(4) 23 Form 51 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 51” with the following: (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f),  810.012(6)(e) , 810.1(3.02)(i) and 810.2(4.1)(g)) Related Amendments R.S., C-47 Criminal Records Act 24 Schedule 1 to the  Criminal Records Act  is amended by adding the following after section 2: 3 An offence under section 320.1001 of the  Criminal Code , if the offence motivated by hatred is also an offence set out in section 1 or 2 of this Schedule. 25 Schedule 2 to the Act is amended by adding the following after section 3: 4 An offence under section 320.1001 of the  Criminal Code , if the offence motivated by hatred is also an offence set out in any of sections 1 to 3 of this Schedule. 1992, c. 20 Corrections and Conditional Release Act 26 Schedule I to the  Corrections and Conditional Release Act  is amended by adding the following after section 6: 7 An offence under section 320.1001 of the  Criminal Code , if the offence motivated by hatred is also an offence set out in any of sections 1 to 6 of this Schedule and its commission (a) is specified in the warrant of committal; (b) is specified in the Summons, Information or Indictment on which the conviction has been registered; (c) is mentioned in the reasons for judgment of the trial judge; or (d) is mentioned in a statement of facts admitted into evidence under section 655 of the  Criminal Code . 2002, c. 1 Youth Criminal Justice Act 2019, c. 13, s. 159 27 Subsection 14(2) of the  Youth Criminal Justice Act  is replaced by the following: Orders (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence),  810.012 (recognizance — fear of hate propaganda offence or hate crime) , 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the  Criminal Code  and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. Youth Criminal Justice Act Clause 27 : Existing text of subsection 14(2): (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the  Criminal Code  and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. 2015, c. 20, s. 36(9) 28 Paragraph 142(1)(a) of the Act is replaced by the following: (a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence),  810.012 (recognizance — fear of hate propaganda offence or hate crime) , 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; Clause 28 : Relevant portion of subsection 142(1): 142 (1) Subject to this section and except to the extent that they are inconsistent with this Act, the provisions of Part XXVII (summary conviction offences) of the  Criminal Code , and any other provisions of that Act that apply in respect of summary conviction offences and relate to trial proceedings, apply to proceedings under this Act (a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; Coordinating Amendments 2023, c. 32 29 On the first day on which subsection 1(5) of An  Act to amend certain Acts and to make certain consequential amendments (firearms)  and section  17  of this Act are in force, subsection 810.012(7) of the  Criminal Code  is replaced by the following: Conditions — firearms (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies. Bill S-205 30 (1) Subsections (2) to (14) apply if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled  An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)  (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both subsection 3(1) of the other Act and subsection  18 (1) of this Act are in force, the portion of subsection 810.3(1) of the  Criminal Code  before paragraph (a) is replaced by the following: Samples — designations and specifications 810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.012, 810.03, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory, (3) On the first day on which both subsection 3(2) of the other Act and subsection  18 (2) of this Act are in force, paragraphs 810.3(2)(a) and (b) of the  Criminal Code  are replaced by the following: (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.012(6)(d), 810.03(7)(g), 810.1(3.02)(h) and 810.2(4.1)(f); and (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.012(6)(e), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g). (4) On the first day on which both subsection 3(3) of the other Act and subsection  18 (3) of this Act are in force, subsections 810.3(3) and (4) of the  Criminal Code  are replaced by the following: Restriction (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.012, 810.03, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1). Destruction of samples (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.012, 810.03, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811. (5) On the first day on which both subsection 3(4) of the other Act and subsection  18 (4) of this Act are in force, paragraph 810.3(5)(a) of the  Criminal Code  is replaced by the following: (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.012, 810.03, 810.1 and 810.2; (6) On the first day on which both subsection 3(5) of the other Act and subsection  18 (5) of this Act are in force, subsection 810.3(6) of the  Criminal Code  is replaced by the following: Notice — samples at regular intervals (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.012(6)(e), 810.03(7)(h), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days. (7) On the first day on which both section 4 of the other Act and section  19  of this Act are in force, subsections 810.4(1) to (3) of the  Criminal Code  are replaced by the following: Prohibition on use of bodily substance 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.012, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. Prohibition on use or disclosure of result (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.012, 810.03, 810.1 or 810.2. Exception (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.012, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes. (8) On the first day on which both section 5 of the other Act and section  20  of this Act are in force, subsection 811.1(1) of the  Criminal Code  is replaced by the following: Proof of certificate of analyst — bodily substance 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.012, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. (9) On the first day on which both subsection 6(1) of the other Act and subsection  22 (1) of this Act are in force, the references after the heading “FORM 32” in Form 32 of Part XXVIII of the  Criminal Code  are replaced by the following: (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.012, 810.03, 810.1, 810.2, 817 and 832) (10) On the first day on which both subsection 6(2) of the other Act and subsection  22 (2) of this Act are in force, paragraph (b) of Form 32 of Part XXVIII of the  Criminal Code  after the heading “List of Conditions” is replaced by the following: (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.012, 810.03, 810.1 and 810.2 of the  Criminal Code ); (11) On the first day on which both subsection 6(4) of the other Act and subsection  22 (5) of this Act are in force, paragraphs (h) and (i) of Form 32 of Part XXVIII of the  Criminal Code  after the heading “List of Conditions” are replaced by the following: (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.012, 810.03, 810.1 and 810.2 of the  Criminal Code ); (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.012, 810.03, 810.1 and 810.2 of the  Criminal Code ); (12) On the first day on which both section 7 of the other Act and section  23  of this Act are in force, the references after the heading “FORM 51” in Form 51 of Part XXVIII of the  Criminal Code  are replaced by the following: (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.012(6)(e), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g)) (13) On the first day on which both section 9 of the other Act and section  27  of this Act are in force, subsection 14(2) of the  Youth Criminal Justice Act  is replaced by the following: Orders (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.012 (recognizance — fear of hate propaganda offence or hate crime), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.‍03 (recognizance — fear of domestic violence) and 810.2 (recognizance — fear of serious personal injury offence) of the  Criminal Code  and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. (14) On the first day on which both section 10 of the other Act and section  28  of this Act are in force, paragraph 142(1)(a) of the  Youth Criminal Justice Act  is replaced by the following: (a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.012 (recognizance — fear of hate propaganda offence or hate crime), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.‍03 (recognizance — fear of domestic violence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; 2023, c. 32 and Bill S-205 31 If a provision of any of the following Acts (in this section referred to as the “other Act”) that replaces paragraph (c) of Form 32 of Part XXVIII of the  Criminal Code  after the heading “List of Conditions” comes into force or, in the case of a coordinating amendment, produces its effects on or after the day on which subsection  22 (3) comes into force, then, on the day on which that provision of that other Act comes into force or  produces  its effects, as the case may be, that paragraph (c) as enacted by that provision of that other Act, is amended by adding in numerical order “810.012,” in the list of references between parentheses in that paragraph: (a) An Act to amend certain Acts and to make certain consequential amendments (firearms) , chapter 32 of the Statutes of Canada, 2023; or (b) An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) , if Bill S-205 introduced in the 1st session of the 44th Parliament receives royal assent. Coming into Force 90th day after royal assent 32 This Part, except sections  29  to  31 , comes into force on the 90th day after the day on which this Act receives royal assent. PART 3 R.S., c. H-6 Canadian Human Rights Act Amendments to the Act 2013, c. 37, s. 1 33 Section 4 of the  Canadian Human Rights Act  is replaced by the following: Orders regarding discriminatory practices 4 A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided  for  in section 53  or 53.1 . Canadian Human Rights Act Clause 33 : Existing text of section 4: 4 A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided in section 53. 34 The Act is amended by adding the following after section 12: Communication of hate speech 13 (1) It is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination. Continuous communication (2) For the purposes of subsection (1), a person communicates or causes to be communicated hate speech so long as the hate speech remains public and the person can remove or block access to it. Mere indication, hosting or caching (3) For the purposes of subsection (1), a person does not communicate or cause to be communicated hate speech by reason only that they (a) indicate the existence or location of the hate speech; or (b) host or cache the hate speech or information about the location of the hate speech. Facility or service used by others (4) For the purposes of subsection (1), a  telecommunications service provider , as defined in subsection 2(1) of the  Telecommunications Act , does not communicate or cause to be communicated hate speech if the provider’s telecommunications facility or service is used by another person to communicate that hate speech. Exception — private communication (5) This section does not apply in respect of a private communication. Exception —  Broadcasting Act (6) This section does not apply to a person who carries on a  broadcasting undertaking , as defined in subsection 2(1) of the  Broadcasting Act. Exception — operator of social media service (7) This section does not apply to an individual or entity that, through any means, operates a website or application that is accessible in Canada whose primary purpose is to facilitate interprovincial or international online communication among users of the website or application by enabling them to access and share content. Definition of  hate speech (8) In this section,  hate speech  means the content of a communication that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination. Clarification – hate speech (9) For greater certainty, the content of a communication does not express detestation or vilification, for the purposes of subsection (8), solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends. Clause 34 : New. 35 Subsection 13(7) of the Act is replaced by the following: Exception — operator of  social media service (7) This section does not apply to an individual or entity that, through any means, operates a  social media service , as defined in subsection 2(1) of the  Online Harms Act . 2013, c. 37, s. 3 36 (1) Paragraph 40(5)(b) of the Act is replaced by the following: (b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10, 12 or  13  in respect of which no particular individual is identifiable as the victim;  or Clause 36 : (1) Relevant portion of subsection 40(5): (5) No complaint in relation to a discriminatory practice may be dealt with by the Commission under this Part unless the act or omission that constitutes the practice ...   (b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10 or 12 in respect of which no particular individual is identifiable as the victim; (2) Section 40 of the Act is amended by adding the following after subsection (7): Non-disclosure of identity — Commission (8) The Commission may deal with a complaint in relation to a discriminatory practice described in section 13 without disclosing, to the person against whom the complaint was filed or to any other person, the identity of the alleged victim, the individual or group of individuals that has filed the complaint or any individual who has given evidence or assisted the Commission in any way in dealing with the complaint, if the Commission considers that there is a real and substantial risk that any of those individuals will be subjected to threats, intimidation or discrimination. Non-disclosure of identity — persons (9) The Commission may order a person who, in the course of the Commission’s dealing with a complaint in relation to a discriminatory practice described in section 13, has learned the identity of the alleged victim, the individual or group of individuals that filed that complaint or any individual who has given evidence or assisted the Commission in any way in dealing with the complaint not to disclose that identity if the Commission considers that there is a real and substantial risk that any individual whose identity was learned will be subjected to threats, intimidation or discrimination. Exceptions (10) An order does not prevent a person named in the order from disclosing the information protected by the order if the disclosure is required by law or is necessary for the purposes of an investigation under section 43, an attempt to bring about a settlement under section 47 or a settlement referred to in section 48. Revocation (11) The Commission may, on application, revoke an order if it is satisfied that the order is no longer warranted. Opportunity to make representations (12) Before the Commission decides whether to revoke an order, it shall afford any person whose identity is protected by the order an opportunity to make representations with respect to the application to revoke the order. Order ceases to have effect (13) An order ceases to have effect when the member or panel makes, in the course of an inquiry into the complaint in question, an order under paragraph 52(1)(e) in respect of the same individual or group of individuals whose identity is protected by the order made under subsection (9). Statutory Instruments Act (14) The  Statutory Instruments Act  does not apply to an order made under subsection (9). (2) New. 37 (1) Paragraph 41(1)(a) of the Act is replaced by the following: (a) the alleged victim of the discriminatory practice to which the complaint relates  or the complainant  ought to exhaust grievance or review procedures otherwise reasonably available; Clause 37 : (1) Relevant portion of subsection 41(1): 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that (a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available; (2) Section 41 of the Act is amended by adding the following after subsection (1): For greater certainty — section 13 complaint (1.1) For greater certainty, the Commission shall, under paragraph (1)(d), decline to deal with a complaint in relation to a discriminatory practice described in section 13 if it is evident to the Commission that the complaint indicates no  hate speech , as defined in subsection 13(8). (2) New. 2018, c. 27, s. 426(1) 38 Subsection 48.1(1) of the Act is replaced by the following: Establishment of Tribunal 48.1 (1) There is established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of  20  members, including a Chairperson and a Vice-chairperson,  to  be appointed by the Governor in Council. Clause 38 : Existing text of subsection 48.1(1): 48.1 (1) There is hereby established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of 18 members, including a Chairperson and a Vice-chairperson, as may be appointed by the Governor in Council. 39 Subsection 52(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) there is a real and substantial risk that the alleged victim, the individual or group of individuals that made the complaint or an individual who gives evidence or assists in any way in respect of the inquiry will be subjected to threats, intimidation or discrimination. Clause 39 : Relevant portion of subsection 52(1): 52 (1) An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, that 1998, c. 9, s. 27 40 The portion of subsection 53(2) of the Act before paragraph (a) is replaced by the following: Complaint substantiated (2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to  sections 53.1 and  54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate: Clause 40 : Relevant portion of subsection 53(2): (2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate: 41 The Act is amended by adding the following after section 53: Complaint substantiated — section 13 53.1 If at the conclusion of an inquiry the member or panel conducting the inquiry finds that a complaint in relation to a discriminatory practice described in section 13 is substantiated, the member or panel may make one or more of only the following orders against the person found to be engaging or to have engaged in the discriminatory practice: (a) an order to cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from recurring; (b) an order to pay compensation of not more than $20,000 to any victim identified in the communication that constituted the discriminatory practice, for any pain and suffering that the victim experienced as a result of that discriminatory practice, if that person created or developed, in whole or in part, the hate speech to which the complaint relates; or (c) an order to pay a penalty of not more than $50,000 to the Receiver General, if the member or panel considers it appropriate having regard to the nature, circumstances, extent and gravity of the discriminatory practice, the wilfulness or intent of that person, any prior discriminatory practices that that person has engaged in and that person’s ability to pay the penalty. Award of costs 53.2 A member or panel conducting an inquiry in relation to a discriminatory practice described in section 13 may award costs for abuse of process in relation to the inquiry. Clause 41 : New. 2013, c. 37, s. 5 42 Section 57 of the Act is replaced by the following: Enforcement of order 57 An order  made  under section 53,  53.1 or 53.2  may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy. Clause 42 : Existing text of section 57: 57 An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy. 43 (1) Subsection 60(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c): (d) contravenes an order made under subsection 40(9); or (e) contravenes an order made under subsection 52(1) or (2). Clause 43 : (1) Relevant portion of subsection 60(1): (1) Every person is guilty of an offence who (2) Subsection 60(4) of the Act is replaced by the following: Consent of Attorney General (4) A prosecution for an offence under  paragraph (1)(b) or (c)  may not be instituted except by or with the consent of the Attorney General of Canada. (2) Existing text of subsection 60(4): (4) A prosecution for an offence under this section may not be instituted except by or with the consent of the Attorney General of Canada. Coming into Force Order in council 44 (1) Subject to subsection (2), the provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Section  35  comes into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed for the coming into force of section  34 . PART 4 2011, c. 4 An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service Amendments to the Act 45 The definition  Internet service  in subsection 1(1) of  An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service  is replaced by the following: Internet service   includes  a service (a) providing Internet access; (b) providing Internet content hosting, regardless of the originator of the content or the manner by which the content is made accessible; or (c) facilitating interpersonal communication over the Internet, including a service providing electronic mail. ( services Internet ) An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service Clause 45 : Existing text of the definition: Internet service  means a service providing Internet access, Internet content hosting or electronic mail. ( services Internet ) 46 Sections 3 and 4 of the Act are replaced by the following: Duty to notify 3 If a person who provides an Internet service to the public has reasonable grounds to believe that their Internet service is being or has been used to commit a child pornography offence, the person must notify  the law  enforcement  body designated by the regulations  of that fact, as soon as feasible and in accordance with the regulations. Transmission data 3.1 If the content relating to an offence referred to in section 3 is manifestly child pornography, a person who makes a notification under that section must include with the notification a document containing any  transmission data , as defined in section 487.011 of the  Criminal Code , associated with the content that could assist in the investigation of the offence. Preservation of computer data 4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for  one year  after the day on which the notification is made. Destruction of preserved computer data (2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the  end  of the  one-year  period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or  any Act of  the legislature of a province. Clause 46 : Existing text of sections 3 and 4: 3 If a person who provides an Internet service to the public has reasonable grounds to believe that their Internet service is being or has been used to commit a child pornography offence, the person must notify an officer, constable or other person employed for the preservation and maintenance of the public peace of that fact, as soon as feasible and in accordance with the regulations. 4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for 21 days after the day on which the notification is made. (2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the expiry of the 21-day period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or the legislature of a province. 47 The Act is amended by adding the following after section 9: Clarification — privacy legislation 9.1 For greater certainty, this Act is not to be construed as limiting in any way any obligation under the  Privacy Act  or any applicable provincial privacy legislation. Clause 47 : New. 48 Section 11 of the Act is replaced by the following: Limitation period 11 A prosecution for an offence under this Act cannot be commenced more than  five  years after the time when the act or omission giving rise to the prosecution occurred. Clause 48 : Existing text of section 11: 11 A prosecution for an offence under this Act cannot be commenced more than two years after the time when the act or omission giving rise to the prosecution occurred. 49 (1) Paragraph 12(a) of the Act is replaced by the following: (a) specifying the services included under the definition  Internet service  in subsection 1(1); (a.1) designating an organization for the purpose of section 2; Clause 49 : (1) to (3) Relevant portion of section 12: 12 The Governor in Council may make regulations (a) designating an organization for the purpose of section 2; (2) Section 12 of the Act is amended by adding the following after paragraph (c): (c.1) designating the law enforcement body for the purpose of section 3; (3) Section 12 of the Act is amended by adding the following after paragraph (d): (d.1) requiring the law enforcement body designated under paragraph (c.1) to submit to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness an annual report in relation to the information that it has received under this Act; (d.2) specifying the form and content of the annual report referred to in paragraph (d.1), as well as the manner and time of its submission; Coordinating Amendments Bill C-291 50 (1) Subsections (2) to (4) apply if Bill C-291, introduced in the 1st session of the 44th Parliament and entitled  An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)  (in this section referred to as the “other Act”), receives royal assent. (2) If subparagraph 12(a)(i) of the other Act comes into force before section  45  of this Act, then the portion of that section before the definition that it enacts is replaced by the following: 45 The definition  Internet service  in subsection 1(1) of  An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service  is replaced by the following: (3) If subparagraph 12(a)(i) of the other Act comes into force on the same day as section  45  of this Act, then that section is deemed to have come into force before that subparagraph. (4) On the first day on which both subparagraph 12(a)(ii) of the other Act and section  46  of this Act are in force, the sections 3 and 3.1 enacted by that section  46  are replaced by the following: Duty to notify 3 If a person who provides an Internet service to the public has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence, the person must notify the law enforcement body designated by the regulations of that fact, as soon as feasible and in accordance with the regulations. Transmission data 3.1 If the content relating to an offence referred to in section 3 is manifestly child sexual abuse and exploitation material, a person who makes a notification under that section must include with the notification a document containing any  transmission data , as defined in section 487.011 of the  Criminal Code , associated with the content that could assist in the investigation of the offence. Coming into Force Six months after royal assent 51 Sections  45  to  49  come into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month. PART 5 Coordinating Amendment Bill C-291 52 If Bill C-291, introduced in the 1st session of the 44th Parliament and entitled  An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) , receives royal assent, then, on the first day on which this Act has received royal assent and subparagraph 12(a)(i) of that Act is in force, the long title of this Act is replaced by the following: An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service and to make consequential and related amendments to other Acts